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303 Ga. 795
Ga.
2018
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Background

  • S. Quinn Johnson, admitted to the Georgia Bar in 2008, filed a petition for voluntary discipline after admitting misconduct in seven client matters involving neglect, poor communication, unperformed work, improper retention of fees, and practice while suspended.
  • The Court previously rejected Johnson’s first voluntary-discipline petition; he then negotiated with the State Bar and filed an amended petition addressing the earlier matters plus a new matter.
  • Johnson admitted violations of Rules 1.3 (diligence), 1.4 (communication), 1.5 (fees), 1.15(I) (safekeeping property), 1.16(d) (termination of representation), and 5.5(a) (unauthorized practice) across the seven matters.
  • Aggravating factors: multiple offenses, pattern of neglect, substantial experience, and prior discipline (including multiple prior suspensions for failing to respond to Bar investigations and a 2012 admonition).
  • Mitigating factors: personal/emotional problems affecting practice at the time, lack of dishonest/selfish motive, restitution of unearned fees, cooperation with proceedings, CLE and Law Practice Management assessment, counseling, remorse, and good reputation.
  • The special master recommended acceptance of the amended petition and a suspension of at least 100 days plus a Review Panel reprimand; the Court concluded a six-month suspension was appropriate and accepted the petition.

Issues

Issue Plaintiff's Argument Defendant's Argument Held
Whether to accept the amended petition for voluntary discipline State Bar recommended acceptance of Johnson's amended petition resolving multiple matters Johnson sought voluntary discipline and proposed suspension between 1–6 months (or at least 100 days) plus reprimand Petition accepted by the Court
Appropriate sanction for admitted misconduct Bar and special master recommended ≥100 days suspension plus reprimand given multiple violations and client harm Johnson urged mitigation (personal problems, restitution, CLE, counseling) to limit suspension length Court imposed six-month suspension
Characterization and scope of violations Bar charged violations across Rules 1.3, 1.4, 1.5, 1.15(I), 1.16(d), 5.5(a) for seven matters Johnson admitted the violations and sought resolution via voluntary discipline Court found violations as admitted and sanctioned accordingly
Conditions for reinstatement / effectuation of suspension Implicitly the Bar could impose conditions for reinstatement Johnson sought defined sanction; emphasized mitigation and remediation steps completed Suspension has no additional reinstatement conditions; it runs automatically for six months from opinion date

Key Cases Cited

  • In the Matter of Johnson, 301 Ga. 264, 800 S.E.2d 570 (discussion of earlier petition and underlying facts)
  • In the Matter of Duncan, 301 Ga. 898, 804 S.E.2d 342 (six-month suspension with conditions for reinstatement in similar misconduct)
  • In the Matter of Brantley, 299 Ga. 732, 791 S.E.2d 783 (180-day suspension for multiple violations across several matters)
  • In the Matter of Buckley, 291 Ga. 661, 732 S.E.2d 87 (multi-month suspension for neglect and communication failures)
  • In the Matter of Huggins, 291 Ga. 92, 727 S.E.2d 500 (six-month suspension with conditions for reinstatement for multiple client matters)
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Case Details

Case Name: In re Johnson
Court Name: Supreme Court of Georgia
Date Published: Jun 4, 2018
Citations: 303 Ga. 795; 815 S.E.2d 55; S18Y0833, S18Y0834, S18Y0835, S18Y0836, S18Y0837
Docket Number: S18Y0833, S18Y0834, S18Y0835, S18Y0836, S18Y0837
Court Abbreviation: Ga.
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